Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act entitles eligible employees to take up to twelve (12) weeks of unpaid leave in a 12-month period for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. The family and medical reasons include: the birth of a child and to care for the newborn child within one year of birth; the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; to care for the employee's spouse, child, or parent who has a serious health condition; a serious health condition that makes the employee unable to perform the essential functions of his or her job. A new rule effective January 16, 2009 now implements new military family leave entitlements.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. Employees are eligible for leave if they have worked for their employer at least twelve months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee has no greater right to restoration or to other benefits and conditions of employment than if the employee had been continuously employed. The employer is required under the law to take certain actions once an employee requests FMLA leave or the employer acquires knowledge that leave may be for a FMLA purpose. The employer is also required to post a notice approved by the Secretary of Labor explaining the rights and responsibilities under the FMLA. An employer that willfully violates this posting requirement may be subjected to civil money penalties. In addition, employers are required to include this general notice in employee handbooks or other written guidance to employees concerning benefits, or must distribute a copy of the notice to each new employee upon hiring.

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